AustLII Tasmanian Consolidated Acts

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NATURE CONSERVATION ACT 2002 - SECT 32

Prohibition on introduction, &c., of certain animals

(1)  In this section –
controlled animal means –
(a) a mammal, bird, amphibian and reptile; and
(b) any other animal prescribed by the regulations to be a controlled animal –
but does not include any restricted animal, dog, cat or domestic stock;
restricted animal means –
(a) a fox, wolf, dingo and mink; and
(b) any other animal prescribed by the regulations to be a restricted animal; and
(c) a hybrid of an animal referred to in paragraph (a) or (b) .
(2)  A person must not bring into the State, or cause or allow to be brought into the State, a restricted animal or a controlled animal unless the importation is in accordance with –
(a) the prior written permission of the Secretary; and
(b) an authority under Part 4 of the Animal Health Act 1995 .

Penalty:  In the case of –

(a) a restricted animal, a fine of not more than 500 penalty units or imprisonment for a term of not more than 5 years, or both, for each animal in respect of which the offence was committed; or
(b) a controlled animal, a fine not exceeding 10 penalty units in respect of each animal in respect of which the offence was committed.

(3)  A person must not, except in accordance with the prior written permission of the Secretary –
(a) be in possession of a restricted animal; or
(b) cause or allow a restricted animal, a ferret or a controlled animal to go at large in the State.

Penalty:  In the case of –

(a) a restricted animal or ferret, a fine of not more than 500 penalty units or imprisonment for a term of not more than 5 years, or both, for each animal in respect of which the offence was committed; or
(b) a controlled animal, a fine not exceeding 10 penalty units in respect of each animal in respect of which the offence was committed.

(4)  A person must not be in possession of a controlled animal that has been brought into the State in contravention of subsection (2) .

Penalty:  Fine not exceeding 10 penalty units in respect of each animal in respect of which the offence was committed.

(5)  The Secretary may –
(a) grant permission under subsection (2) or (3) subject to any conditions he or she thinks fit; or
(b) refuse to grant the permission.
(6)  The Secretary may only grant permission under subsection (2) or (3) in respect of a restricted animal if the importation, possession or going at large of the restricted animal is required as part of a program to manage feral populations of animals of the same species as that restricted animal.
(7)  A person who fails to comply with a condition to which a permission is subject is guilty of an offence.

Penalty:  In the case of –

(a) a restricted animal or ferret, a fine of not more than 500 penalty units or imprisonment for a term of not more than 5 years, or both, for each animal in respect of which the offence was committed; or
(b) a controlled animal, a fine not exceeding 10 penalty units in respect of each animal in respect of which the offence was committed.

(8)  If a person is in possession of a restricted animal or a controlled animal, that animal is presumed, until the contrary is proved, to have been brought into the State without the prior written permission of the Secretary.
(9)  If the Secretary, or a person authorised by the Secretary, finds or reasonably suspects that a restricted animal or a controlled animal has been brought into the State by, or is in the possession of, a person contrary to the provisions of this section, the Secretary or authorised person may seize it, destroy it, dispose of it or cause it to be destroyed or disposed of.
(10)  Without limiting the ways in which an animal may be disposed of under subsection (9) , the animal may be disposed of by giving it, together with a permission under subsection (3) in the case of a restricted animal, to an educational or research institution.
(11)  Despite subsection (4) , if a controlled animal is disposed of under subsection (9) by giving it to an educational or research institution, the institution may possess that animal subject to any conditions determined by the Director.
(12)  The Secretary may charge any person with any costs incurred in respect of any seizure, destruction or disposal of an animal carried out under subsection (9) .
(13)  A person must not, without the prior written permission of the Secretary or a person authorised by the Secretary, remove or take away an animal seized under subsection (9) .

Penalty:  In the case of –

(a) a restricted animal, a fine of not more than 500 penalty units or imprisonment for a term of not more than 5 years, or both, for each animal in respect of which the offence was committed; or
(b) a controlled animal, a fine not exceeding 10 penalty units in respect of each animal in respect of which the offence was committed.



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